N.D. Cent. Code § 57-38-49

Current through 2024 Legislative Session

Section 57-38-49 - Preservation of lien

Any mortgagee, purchaser, judgment creditor, or lien claimant acquiring any interest in, or lien on, any property situated in the state, prior to the commissioner filing in the central indexing system maintained by the secretary of state a notice of the lien provided for in section 57-38-48, takes free of, or has priority over, the lien. The commissioner shall index in the central indexing system the following data:

1. The name of the taxpayer.

2. The name "State of North Dakota" as claimant.

3. The date and time the notice of lien was indexed.

4. The amount of the lien.

5. The internal revenue service taxpayer identification number or social security number of the taxpayer.

The notice of lien is effective as of eight a.m. next following the indexing of the notice. Any notice of lien filed by the commissioner may be indexed in the central indexing system without changing its original priority as to property in the county where the lien was filed. The commissioner shall index any notice of lien with no payment of fees or costs to the secretary of state.

N.D.C.C. § 57-38-49

Amended by S.L. 2015 , ch. 372( HB 1330 ), § 1, eff. 8/1/2015.

Amended by S.L. 2013 , ch. 257( HB 1136 ), § 38, eff. 8/1/2016, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this 2013 HB 1136, in which case this amendment becomes effective ninety days following the completion of the certificate requirement.

Amended by S.L. 2011 , ch. 456( SB 2249 ), § 7, eff. 1/1/2012.